UNITED RUBBER, C., L. & PW, LOCAL 102 v. Lee Rubber & Tire Corp.
Decision Date | 16 June 1967 |
Docket Number | No. C 1052-63.,C 1052-63. |
Citation | 269 F. Supp. 708 |
Parties | UNITED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF AMERICA, AFL-CIO, LOCAL 102, an unincorporated association, and United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO, Local 227, an unincorporated association, Plaintiffs, v. LEE RUBBER & TIRE CORPORATION, a corporation, Defendant. |
Court | U.S. District Court — District of New Jersey |
COPYRIGHT MATERIAL OMITTED
Rothbard, Harris & Oxfeld, by Abraham L. Friedman, Newark, N. J., for plaintiffs.
Yauch & Fagan, by Frank J. Peterpaul, Newark, N. J., for defendant.
This action was brought by plaintiffs to compel defendant to submit certain grievances to arbitration.1 Jurisdiction is alleged pursuant to § 301 of the Labor Management Relations Act, 29 U. S.C. § 185 and 28 U.S.C. §§ 1331 and 1337.2 The matter is now before the Court on cross motions for summary judgment. It is submitted on stipulation of fact, briefs, proposed findings of fact and conclusions of law and the pleadings. The pertinent facts may be summarized as follows:
United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO Local 102 (Local 102) was a party to a collective bargaining agreement with defendant dated July 3, 1961 and expiring on June 30, 1963.3 By virtue of the agreement Local 102 was the collective bargaining agent for employees of defendant at its plant in Youngstown, Ohio. The collective bargaining agreement included a provision for arbitration of grievances which, in pertinent part, reads as follows:
United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO Local 227 (Local 227) was a party to a collective bargaining agreement with defendant made on June 30, 1961 and expiring June 30, 1963. (As with the Local 102 agreement, the provisions for annual renewal notice are not pertinent to any issue here.) By virtue of the agreement, Local 227 was the collective bargaining agent for employees of defendant at its Conshohocken plant in Pennsylvania. This agreement also provided for arbitration of disputes, the pertinent language of which is quoted as follows:
On September 28, 1961 defendant and Local 102 entered into an agreement entitled "Employee Welfare Benefit Programs—Republic Rubber Division" effective during the period from July 1, 1961 to June 30, 1966. This agreement contained a provision that "In the event any dispute shall arise, as to whether the Employer has provided the insurance benefits hereinabove described, such dispute shall be subject to the grievance procedure of the General Agreement between the parties hereto, including arbitration."
Local 227 entered into an agreement with defendant entitled "Agreement for Pension, Service Award and Insurance Benefits" the term of which was for the period from July 1, 1961 to June 30, 1966. It also contained a provision for arbitration which reads as follows: "In the event any dispute shall arise based on the question whether the Company has provided the insurance benefits hereinabove described, such dispute shall be subject to the grievance procedure of the Working Agreement then in effect, including arbitration; omitting, however, all steps preceding presentation of the grievance to the Personnel Department of the Company." (Emphasis supplied.)
After the collective bargaining agreements above mentioned expired on June 30, 1963, there was a strike at each of defendant's plants. During the time of the strike a dispute arose between defendant and plaintiffs as to defendant's obligations under the welfare agreements above mentioned.4
Defendant sent a letter to Local 102 on August 29, 1963 stating that as of September 30, 1963 it would discontinue payment of premiums to assure continued coverage for sickness and accident benefits and supplemental workmen's compensation benefits for which provision was made by Articles III, IV, and V of the Welfare Benefit Agreement.
On September 10, 1963 Local 102 presented the following grievance to the Personnel Department of defendant:
The Union protests the action of the Company in refusing to provide the Accident and Sickness Benefits and the Supplemental Workmens Compensation Benefits for its Employees as provided in Part V of the Employees Welfare Benefit Agreement dated September 28, 1961. The Union also protests the announced intention of the Company to terminate on September 30, 1963, the Life Insurance and Accidental Death and Dismemberment Insurance and the Hospital, Surgical and Medical Benefits for its Employees and their Dependents, as this coverage is provided in Parts III and IV respectively of the agreement. The Union requests the Company to provide the benefits for its Employees and their Dependents for the duration of this Employee Welfare Benefit Agreement.
It seems, according to the stipulation filed, that after a collective bargaining negotiation session between defendant and Local 227 held on July 30, 1963, defendant made known to Local 227 its views with respect to its obligations under the agreement for pension and insurance benefits and that as a consequence of what occurred then, Local 227 presented a grievance on August 21, 1963 in the following form:
Mr. J. J. Conway Sr. Personnel Director Lee Rubber & Tire Corp. Hector Street Conshohocken, Penna.
The foregoing grievance or protest was reiterated by Local 227 on September 17, 1963 in the following language:
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